Rep. Kolawole Akinlayo has called on the All Progressives Congress (APC) leadership to strictly enforce the Electoral Act in resolving the dispute over the party's primary election for Ekiti North Federal Constituency II. Akinlayo, who represents Moba/Ilejemeje/Ido Osi Federal Constituency, argued that the declared winner, Kunle Ibrahim, was legally disqualified because he remained a political appointee at the time of the primary.
Legal basis for disqualification
Akinlayo spoke with journalists in Abuja on Sunday, weeks after filing petitions before the APC National Chairman and the party’s National Assembly Appeal Committee. The APC held its House of Representatives primary elections on 16 May as part of the process for selecting candidates ahead of the 2027 general elections.
According to Akinlayo, compliance with both the Electoral Act and the APC constitution is essential to maintaining the credibility of the party’s internal democratic processes. He said political considerations should not override clear legal provisions governing party primaries.
The dispute centers on Section 88(1) of the Electoral Act, 2026, which bars political appointees from participating as delegates or aspirants in party conventions, congresses, and primaries for candidate nomination. The section states: “A political appointee at any level shall not be a voting delegate or be voted for during party conventions, congresses or primaries of any political party for the purpose of the nomination of candidates for any election.”
Presidential directive and Supreme Court precedent
President Bola Tinubu had on 17 March directed all political appointees seeking elective offices in the 2027 general elections to resign their appointments on or before 31 March. The directive was based on Section 88(1) of the Electoral Act, 2026, and the timetable released by the Independent National Electoral Commission (INEC) for party primaries. The president said the measure was necessary to ensure compliance with electoral laws, uphold transparency, and guarantee a level playing field.
However, Akinlayo claimed that Ibrahim was serving as a Special Assistant in the Office of the Secretary to the Government of the Federation when the primary took place and continued to receive government remuneration until after the exercise. On that basis, he contended that Ibrahim lacked the legal capacity to participate and that his victory could not stand.
Akinlayo cited the Supreme Court judgement in Tukur v. Mustapha (2023), which affirmed that political appointees must relinquish their appointments before participating in party primaries. “The purported winner is not qualified to participate in the primary election by virtue of Section 88(1) and his participation, in the eyes of the law, is a nullity ab initio,” the lawmaker said.
Allegations of irregularities
Beyond eligibility, Akinlayo alleged several procedural violations across parts of the constituency. He claimed that voter accreditation was not conducted in some wards, while vote figures were manipulated in others. He further alleged voter suppression and disruption of the electoral process in areas where his supporters had significant backing.
Akinlayo also questioned the neutrality of some officials, alleging that individuals with direct interests in the outcome were appointed to key electoral roles, including returning officers. He said such actions compromised the credibility and transparency of the exercise.
Demands before party leadership
The lawmaker urged the APC leadership to enforce the Electoral Act by disqualifying Ibrahim and recognizing him as the rightful winner, having emerged second in the contest. Alternatively, he asked the party’s National Assembly Appeal Committee to invalidate results from wards where irregularities occurred and order a fresh primary election restricted to qualified aspirants.
The dispute is expected to test the APC’s internal conflict-resolution mechanisms as the party prepares for the 2027 general elections. The outcome of the appeal could determine who eventually flies the party’s flag for the House of Representatives seat in Ekiti North Federal Constituency II.
Legal significance
Section 88 of the Electoral Act, 2026, retains provisions similar to those in the Electoral Act, 2022 regarding political appointees in party primaries. The provision has featured prominently in electoral disputes and court cases. In Tukur v. Mustapha, the Supreme Court held that political appointees must resign or relinquish their appointments before participating in party primaries, either as delegates or aspirants.
